Supreme Court Justice Ruth Bader Ginsburg reportedly missed oral arguments on Monday weeks after she had surgery to remove malignant nodules in her lungs

By Adam Carlson
January 07, 2019 10:37 AM
Mark Wilson/Getty

Supreme Court Justice Ruth Bader Ginsburg missed oral arguments on Monday, a little more than two weeks after she underwent surgery to remove malignant nodules in her lungs, BuzzFeed and CNN report.

According to BuzzFeed, it was the first time Ginsburg, 85, had missed arguments since she joined the nation’s highest court in 1993.

However, she will still be able to cast a vote in the cases heard Monday as she will be able to review the transcripts of the arguments, according to CNN.

John Roberts, the court’s chief justice, confirmed Ginsburg’s absence at the start of the session Monday but noted that she would nonetheless take part in the cases before the court, according to BuzzFeed.

Ginsburg, the second-longest serving justice on the bench, behind Clarence Thomas, has battled recent health woes. The two malignant nodules removed from her lungs in December were discovered after she fell in November, fracturing her ribs.

After her Dec. 21 procedure, she was discharged from the hospital on Christmas Day and was “recuperating at home,” according to the court.

According to NBC, she continued to work from the hospital, casting a vote against allowing the enforcement of President Donald Trump‘s restrictions on asylum for immigrants. The court ultimately, and narrowly, sided with her — five to four.

Ginsburg’s trainer Bryant Johnson told PEOPLE last month that medical setbacks did not deter her. “Even this, she is going through this, she asked me, ‘When can we go back to training?’ ” he said.

A court spokeswoman did not immediately respond to PEOPLE’s request for comment.